A recent High Court case confirming that settlors of family trusts are free to dispose of property as they see fit and, as the law currently stands, do not owe fiduciary duties to their adult children who are not beneficiaries. However, recent comments by Associate Judge Johnston and the Law Commission signal the need for Parliamentary reform in this area.

The Health sector has been subject to multiple reviews this year in Aotearoa – a Government Inquiry into Mental Health and Addiction, a Waitangi Tribunal Inquiry into Health Services and Outcomes, and now the Māori Affairs Committee are looking into health inequities for Māori.

The Government recently announced its Wellbeing Budget for 2019 and confirmed the growing mental health crisis in New Zealand. The importance of this issue and how we can support those affected is an ongoing conversation that has become very relevant in the workplace. A holistic approach underpinned by manaakitanga (caring for others) that focuses on proactive prevention and fair responses will go a long way to improve workplace wellness.

The High Court’s decision in Partners Finance and Lease Limited v Richmond [2019] NZHC 34 serves as a timely reminder to ensure that your registrations on the Personal Property Securities Register are accurate. Companies and other entities that lease or provide goods and services to customers on consignment or deferred payment arrangements, in particular, should take note.

Earlier this year, Minister Nanaia Mahuta announced the Government’s Whenua Māori Programme to address the complex and challenging regulatory environment that Māori freehold landowners deal with. The Government has committed $56.1 million over four years to address this.

A recent costs judgment in the High Court undertook an analysis of Rule 14.7(e) of the High Court Rules 2016 which allows the Court to refuse to make an order for costs if the matter is not the public interest. Justice Whata held that this rule does not apply where a dispute is based primarily upon competing claims by two iwi to the same land.

Further to our earlier pānui in March, a raft of further changes to the Employment Relations Act 2000 come into effect from 6 May 2019.

If you do not have Enduring Powers of Attorney in place and you lose your mental capacity, someone would need to make an application under the Protection of Personal and Property Rights Act 1988 to the Family Court in order to make certain decisions for you. This article outlines three of the most common applications that are required when a person loses their capacity without Enduring Powers of Attorney in place.

As of 1 April 2019 employers need to be aware of several changes to minimum employment standards.

The recent Enterprise Miramar Peninsula Incorporated v Wellington City Council [2018] NZCA 541 provides important commentary on how Councils should approach Qualifying Development Resource Consent applications – that is, on how section 34 of the Housing Accords and Special Housing Areas Act 2013 should be interpreted - and on bias in local authority decisions.

Prime Minister Jacinda Ardern has announced the allocation of $100 million from the Government’s Provincial Growth Fund to support Māori economic development. The allocation is intended to help build prosperity for Māori and to help unlock the economic potential of Māori in the regions.

This article discusses the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 where the charging of letting fees to tenants is now deemed an "unlawful act", and landlords now have to meet these costs.

A Testamentary Promise is a promise made by one person (“Person A”) to another (“Person B”) in that Person B will receive compensation for providing services to Person A. There are four requirements to prove a Testamentary Promise exists and the Court will consider a number of factors.

Recent cases have outlined important considerations regarding the requirements necessary to prove a Will to be invalid. There is some confusion around the grounds upon which a Will can be challenged, leading to unnecessary costs in questioning the validity of a Will.

New Zealand has passed a law called the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The purpose of the law reflects New Zealand’s commitment to the international initiative to counter the impact that criminal activity has on people and economies within the global community.